The Agency Workers Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/93
Year2010
(1) These Regulations may be cited as the Agency Workers Regulations 2010 and shall come into force on 1st October 2011.(2) These Regulations extend to England and Wales and Scotland only, save as provided for in Schedule 1 (provisions extending to England and Wales, Scotland and Northern Ireland) .
  • In these Regulations—
  • is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer; anda contract of employment with the agency, orany other contract with the agency to perform work or services personally.the contract the individual has with the temporary work agency has the effect that the status of the agency is that of a client or customer of a profession or business undertaking carried on by the individual; orthere is a contract, by virtue of which the individual is available to work for the hirer, having the effect that the status of the hirer is that of a client or customer of a profession or business undertaking carried on by the individual.the temporary work agency initiates or is involved as an intermediary in the making of the arrangements that lead to the individual being supplied to work temporarily for and under the supervision and direction of the hirer, andthe individual is supplied by an intermediary, or one of a number of intermediaries, to work temporarily for and under the supervision and direction of the hirer.(4) An individual treated by virtue of paragraph (3) as having been supplied by a temporary work agency, shall be treated, for the purposes of paragraph (1) (b) , as having a contract with the temporary work agency.because the temporary work agency supplies the individual through one or more intermediaries;because one or more intermediaries supply that individual;because the individual is supplied pursuant to any contract or other arrangement between the temporary work agency, one or more intermediaries and the hirer;because the temporary work agency pays for the services of the individual through one or more intermediaries; orbecause the individual is employed by or otherwise has a contract with one or more intermediaries.(6) Paragraph (5) does not prejudice the generality of paragraphs (1) to (4) .supplying individuals to work temporarily for and under the supervision and direction of hirers; orpaying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.(2) Notwithstanding paragraph (1) (b) a person is not a temporary work agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers.other than by using the services of a temporary work agency; andat the time the qualifying period commenced.where A would have been recruited as an employee, the relevant terms and conditions that are ordinarily included in the contracts of employees of the hirer;where A would have been recruited as a worker, the relevant terms and conditions that are ordinarily included in the contracts of workers of the hirer,an agency worker is working under the same relevant terms and conditions as an employee who is a comparable employee, andthe relevant terms and conditions of that comparable employee are terms and conditions ordinarily included in the contracts of employees, who are comparable employees of the hirer, whether by collective agreement or otherwise.

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT